Michael Collins International Clearence Refused

9th APRIL 2009: INTERNATIONAL TRANFER CLEARANCE REFUSED FOR COLLINS
Dundalk Football Club received communication from the FAI today informing the club that the IFA have refused to issue an International Transfer Certificate to Michael Collins to enable him to play for Dundalk Football Club. The matter was referred to FIFA last month. However, FIFA did not make an official ruling on this case and sent general procedural information to the IFA.

Dundalk FC will be holding further meetings with our legal advisors over this issue. Dundalk FC will be seeking compensation for all wages paid to a player that, through no fault of our own, has been prevented from playing for our club. However, it is with regret that it appears that Michael will now be returning to Newry City Football Club. Everybody at Dundalk FC is hugely disappointed that Michael is unable to play for the club. He is seen as an integral part of the team for the 2009 Premier League campaign and his absence is having a detrimental effect on the team’s chances for success.

Dundalk FC Manager Sean Connor stated: “This is a hugely disappointing development. When Michael was signed I said he was my most important signing. We have missed him in our opening matches and I believe that if he had been on the pitch we would certainly have more points on the board. This issue has put us at a competitive disadvantage through no fault of our own. We are not even in a position to sign a replacement for Michael. They have put a professional footballer out of work. I feel very sorry that Michael is in this situation. Speaking as someone from Belfast who acheived all of UEFA coaching badges through the IFA I am extremely disappointed with their attitude and lack of action in this matter. It is up to me to ensure that, come the 1st of July, Michael becomes a Dundalk player. I believe that he is going to be an integral part of this football club over the next three or four years.

Dundalk FC CEO Gerry Matthews stated: “The FAI have been very helpful in their efforts to get this situation resolved. This whole issue is very difficult to understand. We signed other players from
outside this jurisdiction and had absolutely no problems. We will be handing the matter over to our legal representatives from this point onwards.”

http://dundalkfc.com/news/090409_Collins.asp

why are the ifa refusing to issue international clearance ?

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Originally Posted by srfc1928

why are the ifa refusing to issue international clearance ?

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I've been asking Dundalk fans similar questions elsewhere without clear answers. Dundalk certainly seem to be giving out mixed messages as to where the fault lies. They certainly seem to imply the IFA with that state and quote from the manager.

Here are few questions that they seem shy of answering.

What date did the FAI request the ITC from the IFA?

Why don't Dundalk share what this "procedural information" states or would they rather not share that?

Why do Dundalk not state on what basis the IFA refused to is it?

Your website statement and indeed your manager comments "I am extremely disappointed with their (the IFA) attitude and lack of action," certainly seem to point the finger at the IFA and also seem to sit in contradiction to what you have quoted from your the Chairman of your Trust and webmaster. Why is this?

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Originally Posted by srfc1928

why are the ifa refusing to issue international clearance ?

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It appears that technically the IFA are within their rights to do this, although it is also clear that, if they wished to, they could have facilitated this transfer by approving his clearance.

The original problem is that Newry did not issue the relevant form in time to the IFA - a similar situation existed with Shaun Kelly from Hearts, but when alerted to this by Dundalk, Hearts / SFA sorted it out same day (Newry/IFA either unwilling or unable to do so).

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

We are getting the same mixed messages about 2 players that we couldn't get cleared. Vinny Sweeney and James Doherty.

Any chance Cliftonville can keep Sweeney though?

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Originally Posted by Ezeikial

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

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That's the most likely reason in my opinion.

It should be the IFA (and hopefully it is) that Collins/Dundalk FC takes legal action against rather than Newry City FC.

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Originally Posted by Ezeikial

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

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its obviously not bad blood with the FAI as plenty of players moved from IFA to FAI territory recently

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Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

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They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

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Originally Posted by Dodge

They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

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They signed it alright but it took them nearly a month to send it back to the IFA. Actually, thinking about this point, perhaps it was Newry City trying to get their own back on Collins for buying himself out of his contract. That still doesn't explain why the IFA didn't push through the international clearance though.. Very confusing.

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Originally Posted by Sam_Heggy

We are getting the same mixed messages about 2 players that we couldn't get cleared. Vinny Sweeney and James Doherty.

Any chance Cliftonville can keep Sweeney though?

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Nope. He is your player. :D

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Originally Posted by holidaysong

That's the most likely reason in my opinion.

It should be the IFA (and hopefully it is) that Collins/Dundalk FC takes legal action against rather than Newry City FC.

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What date did the FAI request the ITC from the IFA? Was it within your transfer window?

If he had not signed for dundalk before Jan 31st when tranfer window closed up the North, IFA are right to refuse international clearance, dundalk have no case and should give up.

looks like collins didnt sign till after window closed, unless dundalk waited a week to unvail collins at a press conference as the date was 9th of feb

http://www.dundalkfc.com/news/090209_Conference.asp

so dundalk will have till wait till july, end of story IFA are right

The LOI transfer window didn't close until February 23rd though. The NI transfer window date would only apply to players transferring into or within NI.

Mr. Parker, I don't know what date international clearance was requested on.

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Originally Posted by Dodge

its obviously not bad blood with the FAI as plenty of players moved from IFA to FAI territory recently



They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

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The fact that other players have moved between jurisdictions without difficulties does not eliminate the possibility of the IFA being vindicative when the opportunity arose. It certainly appears that it was within the gift of the IFA to resolve this problem, but have chosen not to.

If litigation was to ensue it is most likely that Michael Collins would be the plantiff with Newry as defendents. Dundalk unlikely to have any direct legal case against any party; Michael Collins bought out his contract with Newry and therfore any contractural obligations were by Newry to Michael Collins.

The bottom line is that Michael Collins himself and Dundalk are the victims in this sorry saga.

However, there are still still some unresolved questions to be answered as to what procedures Dundalk had in place to ensure that Newry / IFA / FAI paperwork triangle was complete in time.

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Originally Posted by Ezeikial

The fact that other players have moved between jurisdictions without difficulties does not eliminate the possibility of the IFA being vindicative when the opportunity arose. It certainly appears that it was within the gift of the IFA to resolve this problem, but have chosen not to.

If litigation was to ensue it is most likely that Michael Collins would be the plantiff with Newry as defendents. Dundalk unlikely to have any direct legal case against any party; Michael Collins bought out his contract with Newry and therfore any contractural obligations were by Newry to Michael Collins.

The bottom line is that Michael Collins himself and Dundalk are the victims in this sorry saga.

However, there are still still some unresolved questions to be answered as to what procedures Dundalk had in place to ensure that Newry / IFA / FAI paperwork triangle was complete in time.

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Like what date the FAI actually requested the ITC? :rolleyes: As for legal cases, surely FIFA procedures in dealing such matters would need to be exhausted first.

The Article below is in regards to the issueing of an ITC. You might also want to read page 102-7 of the FIFA Transfer Commentary

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Article 2 Issuance of an ITC for a Professional
1. All applications to register a Professional must be submitted by the
New Club to the New Association during one of the Registration
Periods established by that Association. All applications shall be
accompanied by a copy of the contract between the New Club and
the Professional. A Professional is not eligible to play in Offi cial
Matches for his New Club until an ITC has been issued by the
Former Association and received by the New Association.
2. Upon receipt of the application, the New Association shall
immediately request the Former Association to issue an ITC for
the Professional (the “ITC Request”). The last date on which the ITC
Request can be made is the last day of the Registration Period of
the New Association. An Association that receives an unsolicited ITC
from another Association is not entitled to register the Professional
concerned for one of its clubs.
3. Upon receipt of the ITC Request, the Former Association shall
immediately request the Former Club and the Professional to
confi rm whether the Professional’s contract has expired, whether
early termination was mutually agreed or whether a contractual
dispute exists.
4. Within seven days of receiving the ITC Request, the Former
Association shall either:
a) issue the ITC to the New Association; or,
b) inform the New Association that the ITC cannot be issued
because the contract between the Former Club and the
Professional has not expired or that there has been no mutual
agreement regarding its early termination.
5. If the New Association does not receive a response to the ITC Request
within 30 days of the ITC Request being made, it shall immediately
register the Professional with the New Club on a provisional
basis (“Provisional Registration”). A Provisional Registration shall
become permanent one year after the ITC Request. The Players’
Status Committee may withdraw a Provisional Registration, if,
during this one-year period, the Former Association presents valid
reasons explaining why it did not respond to the ITC Request.
6. The Former Association shall not issue an ITC if a contractual
dispute has arisen between the Former Club and the Professional.
In such a case, the Professional, the Former Club and/or the New
Club are entitled to lodge a claim with FIFA in accordance with
Art. 22. FIFA shall then decide on the issuance of the ITC and on
sporting sanctions within 60 days. In any case, the decision on
sporting sanctions shall be taken before the issuance of the ITC.
The issuance of the ITC shall be without prejudice to compensation
for breach of contract. FIFA may take provisional measures in case
of exceptional circumstances.
7. The New Association may grant a player temporary eligibility to
play on the basis of an ITC sent by fax until the end of the Season
that is underway. If the original ITC is not received by that time,
the player’s eligibility to play shall be considered defi nitive.
8. Associations are forbidden from requesting the issuance of an ITC
in order to allow a player to participate in trial matches.
9. The foregoing rules and procedures also apply for Professionals
who, upon moving to their New Club, acquire Amateur status.

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David Scullion managed to get clearance and he transferred on the final day of the window?

Quote:

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Originally Posted by Ezeikial

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

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The James Doherty case is with Newry too, we had him back for all of pre-season and were told, just before the first game of the season, that the international clearance didn't come through. :mad:

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Originally Posted by Sam_Heggy

The James Doherty case is with Newry too, we had him back for all of pre-season and were told, just before the first game of the season, that the international clearance didn't come through. :mad:

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As you said earlier, you also had the same promblem with Sweeney. Now I do know for certain that all his paperwork from a Cliftonville perspective was in order. Therefore, can you see why I keep refering to the question, when did the FAI request the ITC's for Collins and indeed the other players?

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Originally Posted by Mr_Parker

Nope. He is your player. :D

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I bet yer gutted about that too :o

Quote:

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Originally Posted by Mr_Parker

As you said earlier, you also had the same promblem with Sweeney. Now I do know for certain that all his paperwork from a Cliftonville perspective was in order. Therefore, can you see why I keep refering to the question, when did the FAI request the ITC's for Collins and indeed the other players?

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It's a reasonable question!

From the ITC procedures that you helpfully posted previously, it seems to me that any failure/tardiness by Newry City FC to respond to a request from IFA would leave an appeal to FIFA open to the player and/or the signing club - but there is no suggestion to date of this from Dundalk in the Collins case.

There are too many unanswered questions here, and while Dundalk FC have already made a statement that they and the FAI have followed all procedures correctly, further clarification from the club would be helpful, particularly in relation to any information available on the IFA grounds of refusal.

I have directed these questions at the relevent people (in Dundalk FC) and hope to hear more soon

Quote:

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Originally Posted by Ezeikial

It's a reasonable question!

From the ITC procedures that you helpfully posted previously, it seems to me that any failure/tardiness by Newry City FC to respond to a request from IFA would leave an appeal to FIFA open to the player and/or the signing club - but there is no suggestion to date of this from Dundalk in the Collins case.

There are too many unanswered questions here, and while Dundalk FC have already made a statement that they and the FAI have followed all procedures correctly, further clarification from the club would be helpful, particularly in relation to any information available on the IFA grounds of refusal.

I have directed these questions at the relevent people (in Dundalk FC) and hope to hear more soon

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I would suggest you read the ITC procedure again and in particular the order in which things happen. As I read it it should be like this.

1. New club submits registration to its association.
2. New association makes ITC request from old association before window closes.
3. Old association contacts former club.
4. Old club respond to their association.
5. Old association issue/refuse ITC.

I still believe that point 2 is the key. If it was not done before the window closed, the rest is meaningless.

Before the League Of Ireland window closed on 23rd February. Based on previous knowledge of international transfers the FAI are pretty prompt with their requests to the other associations. I'd be surprised if the delay was at their end.

Quote:

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Originally Posted by Mr_Parker

I would suggest you read the ITC procedure again and in particular the order in which things happen. As I read it it should be like this.

1. New club submits registration to its association.
2. New association makes ITC request from old association before window closes.
3. Old association contacts former club.
4. Old club respond to their association.
5. Old association issue/refuse ITC.

I still believe that point 2 is the key. If it was not done before the window closed, the rest is meaningless.

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This is the order of event that I also understood from reading ITC procedure.

Dundalk FC have maintained that they and FAI have met their obligations (points 1 & 2). Why do you think that point 2 is the key?

If this was the case, why would IFA refer the matter for FIFA at all?

Quote:

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Originally Posted by Longfordian

Before the League Of Ireland window closed on 23rd February. Based on previous knowledge of international transfers the FAI are pretty prompt with their requests to the other associations. I'd be surprised if the delay was at their end.

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Ask Finn Harps about Sweeney.

Quote:

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Originally Posted by Ezeikial

This is the order of event that I also understood from reading ITC procedure.

Dundalk FC have maintained that they and FAI have met their obligations (points 1 & 2). Why do you think that point 2 is the key?

If this was the case, why would IFA refer the matter for FIFA at all?

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I believe point 2 is key given what I know about the Finn Harps/Sweeney issue and why they failed to get an ITC for him. As for asking FIFA, I believe they were asking was there anything that could be done to help get around the regs.

The word from Oriel Park is that they expect Michael Collins may be cleared to play next weekend, as a consequence of an appeal to FIFA regarding his International Transfer Certificate fiasco.


"Speaking to The Dundalk Democrat on Tuesday, manager Sean Connor revealed that the club had appealed to FIFA to finally resolve the issue surrounding his international clearance.

Newry City are believed to have recognised an error on their behalf and a decision from the game's governing body is believed to be imminent with all the signs pointing to the influential midfielder finally being given the green light to make his competitive début for Dundalk."
http://www.dundalkdemocrat.ie/3418/C...for.5191544.jp

If this proves to be correct it would shine the spotlight firmly back on the IFA regarding their obstinacy and inflexibility in not initially issuing his release certificate.

It seems ludicrous that, through no fault of their own, Dundalk have been without him for at least 25% of the league, and presumably will not immediately reap the full benefits of his undoubted talents as he strives to acquire match fitness

His undoubted talents to start a fight in an empty room more like...

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Originally Posted by Réiteoir

His undoubted talents to start a fight in an empty room more like...

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Should help bring a few heads through the gates. If nothing else it will ensure a few heads put through doors at Oriel.

The LOI just got more entertaining.

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Originally Posted by Réiteoir

His undoubted talents to start a fight in an empty room more like...

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Typical referee, giving the chap a hard time for past mistakes. ;)

Quote:

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Originally Posted by Ezeikial

http://www.dundalkdemocrat.ie/3418/C...for.5191544.jp

If this proves to be correct it would shine the spotlight firmly back on the IFA regarding their obstinacy and inflexibility in not initially issuing his release certificate.

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I don't know the ins-and-outs of this case (or the Rules and Procedures generally).

However, I cannot see how you can reconcile your statement (emboldened) with the following two excerpts from the same article which you posted:
"Newry City are believed to have recognised an error on their behalf"
and
"We've got into a situation where the IFA want FIFA to give special dispensation

Looks very much to me like Newry were late with the paperwork, and the IFA did not want to process it after their deadline, since that could have all sorts of repercussions* down the line. Therefore the IFA asked FIFA to help them out in disregarding their own (IFA) rules.

Remember that the IFA (and its various regional Associations) deals with dozens, if not hundreds, of such cross-border applications every season. For example, someone studying in England who wants to play for his local NI side during holidays etc needs clearance if he has already played for an English club during term time. Or someone from one of the border counties who switches to a club on the other side, even at the most junior of levels. Or the other, more high-profile transfers which occur between LOI and IPL etc.


* - E.G. Portadown's submission of their IPL application half an hour late.

Quote:

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Originally Posted by EalingGreen

I don't know the ins-and-outs of this case (or the Rules and Procedures generally).

However, I cannot see how you can reconcile your statement (emboldened) with the following two excerpts from the same article which you posted:
"Newry City are believed to have recognised an error on their behalf"
and
"We've got into a situation where the IFA want FIFA to give special dispensation

Looks very much to me like Newry were late with the paperwork, and the IFA did not want to process it after their deadline, since that could have all sorts of repercussions* down the line. Therefore the IFA asked FIFA to help them out in disregarding their own (IFA) rules.

Remember that the IFA (and its various regional Associations) deals with dozens, if not hundreds, of such cross-border applications every season. For example, someone studying in England who wants to play for his local NI side during holidays etc needs clearance if he has already played for an English club during term time. Or someone from one of the border counties who switches to a club on the other side, even at the most junior of levels. Or the other, more high-profile transfers which occur between LOI and IPL etc.


* - E.G. Portadown's submission of their IPL application half an hour late.

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I can understand your confusion with the apparent contradictions!

Obviously the article excerpts you mention are quotes from Sean Connor who points the finger at both Newry City and IFA -
"The fact that the paperwork trail wasn't followed up in time by the IFA and Newry City has left both us and the player in limbo"

The FIFA guidelines (see above in Mr Parker post) outlines the regulations and procedures :

1. It is the IFA responsibility to contact Newry City and respond to FAI with 7 days of receipt of ITC request from the FAI.

2. The FIFA regulations provide for only one scenario for refusal of ITC (obviously assuming request is in compliant with regulations) - specifically contractual issues between the former club and player (contract not expired or mutually terminated).

3. The regulations do not afford the IFA the option of denying the ITC where Newry City have not been contacted or where they have not responded in a timely fashion.

While the original reason for refusal of ITC has not been clarified, it certainly appears that IFA could and should have issued the transfer certifcate 9 league games ago!

Seems like Michael Collins may not make his long awaited debut for Dundalk against Derry on Friday night.

It seems that the new ITC could only be applied for as of July 1, and may take up to 7 days..... (or however long the IFA decide?)

Why do I get a feeling of déjà vu here?

http://dundalkfc.com/news/090702_Williams.asp

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2 JULY 2009: WILLIAMS AND COLLINS SIGNED BUT AWAITING INTERNATIONAL CLEARANCE.
International Transfer Certificate Process
Dundalk FC have applied for an International Transfer Certificate for both Williams and Collins. According to club secretary Kevin Holland: "The earliest this application can be made is the 1st July when the transfer window opens. It is not the case that we could have made this application weeks, or in Mickey's case, months ago. We are now awaiting an ITC from the IFA for Mickey and SFA for Alex. We certainly hope that these ITCs are received in time for them to take part in the Derry City match but we have been informed that the process can take up to seven days."

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I am pleased that everyone will get to see Mickey's undoubted talents on the pitch soon.

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Originally Posted by brianw82

I am pleased that everyone will get to see Mickey's undoubted talents on the pitch soon.

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Ha. Soon me ballix. This will probably be dragged out for as long as it can be.

Michael Collins finally gets international clearance and is expected to start against Derry tonight.

Let the fun begin!

http://dundalkfc.com/home.asp

The LoI has just got a little more interesting/entertaining. Anyone willing to put money on him getting sent off tonight :D

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Originally Posted by sligofan4ever

The LoI has just got a little more interesting/entertaining. Anyone willing to put money on him getting sent off tonight :D

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Im putting a fiver on him to last 60 mins!

Mickey put in a great shift on Friday night and looked well in the centre of the park. A few very important blocks and was talking the boys others through the game who may of been drifting off. Can see why Connor wanted him so much from the start.
MOTM in my opinion

Quote:

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Originally Posted by jinxy lilywhite

Mickey put in a great shift on Friday night and looked well in the centre of the park. A few very important blocks and was talking the boys others through the game who may of been drifting off. Can see why Connor wanted him so much from the start.
MOTM in my opinion

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See him when the whistle went, he ran over in front of the shed with his arms aloft screaming and shouting! Thats a player thats going to be a fans favourite!

He's already taken the LoI Badge Kisser of the Year title from the previous owner (Dave Rogers). Seriously, on your debut?!:eek:

He bossed midfield on Friday and looked very fit, but he was certainly helped by Derry's midfield pairing of Casper the Friendly Ghost (Martyn) and the human fussball (Higgins, good boot on him but can only move a few feet left or right).

If he keeps the head and plays regularly (never managed it before) Dundalk could easily finish top half.